Terms Of Sale

TERMS AND CONDITIONS OF SALE

PAYMENT

(a) Invoices are due and payable in accordance with the items listed on the front of the invoice, which if not listed default to COD. An interest rate charge of 1.5% per month will be added to past due accounts. All legal, court costs, and service charges incurred in collecting payment will be an expense of and charged to the Buyer.
(b) All checks are accepted subject to collection, and Buyer agrees to pay all collection costs, including reasonable attorney fees. Any checks received from Buyer may be applied by The Elegant Kids 2000, Inc. against any obligation of Buyer to The Elegant Kids 2000, Inc. Under this or any other agreement, notwithstanding any statement appearing on or referring to such check.

UN-COLLECTABLE CHECK

In the event a check is returned by the customer's bank as un collectable, there shall be a charge of $15.00 per check returned IN ADDITION to any other charges that may be incurred. All legal, court costs, and service charges incurred in collecting payment will be an expense of and charged to the purchaser.

RE-STOCKABLE FEE

A 15% restocking fee will be charged for all merchandise returned after 14 days. Merchandise will only be accepted, provided all original packaging and materials are still present. Merchandise can only be replaced or repaired and will not be refunded after 14 days.

DELIVER

Unless otherwise noted, delivery will be made F.O.B. The Elegant Kids 2000 Inc.'s Warehouse at 667 S. Santa Fe Ave., Los Angeles, California, USA, with shipping charges paid by Buyer. RISK OF LOSS PASSES TO BUYER UPON DELIVERY BY THE ELEGANT KIDS 2000, INC. TO COMMON CARRIER. Claims for shortages or irregularities must be made within five (5) days upon receipt of shipment.

RETURNED MERCHANDISE

In no case are goods to be returned without first obtaining written permission from The Elegant Kids 2000, Inc. An R.M.A. (Returned Merchandise Authorization) number issued by The Elegant Kids 2000, Inc. must accompany all returned goods. Goods accepted for credit upon return will be Subject to a 15% restocking charge. Shipping charges are not refundable. Goods will only be accepted provided all original packaging are still present. Custom-made, repacked and special ordered goods are not subject to return/refund under any circumstances. Goods must be securely packed and deliverable to The Elegant Kids 2000, Inc. in an undamaged condition, with Buyer being solely responsible for paying all return freight expenses.

TITLE

Unless otherwise agreed to in writing, title to the goods shall remain with The Elegant Kids 2000, Inc. until all repayments hereunder have been made.

LIMITED LIABILITY

The liability of The Elegant Kids 2000, Inc., if any, for damages relating to any allegedly defective product shall under any legal theory be limited to actual price paid for such product and shall in no event include incidental or consequential damages of any kind, even if The Elegant Kids 2000, Inc. is notified of the possibility of such damages.

FORCE MAJEURE

Seller will make every effort to complete shipment but shall not be liable for any loss or damage, for delay in delivery due to causes beyond its reasonable control, including, but not limited to fire, acts of God, acts of public enemy, or acts of governmental bodies.

BUYERS TERMS AND CONDITIONS

The Elegant Kids 2000, Inc. desires to provide its Customers with prompt and efficient service. Accordingly, goods furnished by The Elegant Kids 2000, Inc. are sold only on the terms or conditions stated herein. Notwithstanding any terms or conditions on Buyer's order, The Elegant Kids 2000, Inc. performance of any contract is expressly made confidential on buyers agreement to The Elegant Kids 2000, Inc. Terms and conditions of Sale, unless otherwise specifically agreed to in writing by The Elegant Kids 2000, Inc. In the absence of such agreement, commencement of performance and/or delivery shall be for Buyer's convenience only and shall not be deemed construed to be acceptance of Buyer's Terms and Conditions, or any of them. Also, signature acknowledging acceptance of Seller's terms is not required.
IF A CONTRACT IS NOT EARLIER FORMED BY MUTUAL AGREEMENT IN WRITING, ACCEPTANCE OF ANY GOODS OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS AND CONDITIONS STATED HEREIN.

GENERAL

This agreement and performance by the parties hereunder shall be construed in accordance with the laws of the United States of America and the State of California. All agreements, covenants, conditions and provisions contained herein still apply to and bind the assignees and successors in interest of Buyer. If any provision or portion of this agreement is help to be invalid, illegal, unconscionable, or unenforceable, the other provisions and portions hereof shall not be affected. The several captions used herein are for the convenience of the parties only and shall not affect the construction or interpretation hereof.